Quashed

Vineesh & Others v. State of Kerala & Another

Kerala HC7 Mar 2008Crl.MC/539/2008

Case brief

AI extract

What is this about?

This criminal miscellaneous case involved petitioners charged under various IPC sections. The offences under Sections 427, 447, and 506(1) IPC were compounded under Section 320 IPC. The court quashed the proceedings for the remaining offences of 143, 147, and 149 IPC as they could not survive the compounding of the substantive offences.

What did the court decide?

Criminal proceedings in C.C. No. 415/2005 relating to offences under Sections 143, 147, and 149 IPC are quashed.

Vineesh & Others Vs State of Kerala & Another — Quashing and FIR | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

¶4

FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929

¶5

Crl.MC.No. 539 of 2008(F)

¶6

¶7

CC.415/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI CRIME NO. 65/2005 of PALISSERY POLICE STATION

¶8

PETITIONER: ACCUSED

¶9

VINEESH, S/O.VELAYUDHAN, AGED 23 YEARS, KOZHINJIPARAMBIL HOUSE, P.O.MEZHATHUR, THRITHALA.

¶10

RATHEESH, S/O.KRISHNAN KUTTY, AGED 23 YEARS, KOZHINJIPARAMBIL VEEDU, P.O.MEZHATHUR, KODANADU.

¶11

SATHEESH, S/O.SANKARAN, AGED 28 YEARS, KOZHINJIPARAMBIL VEEDU, P.O.MEZHATHUR, KODANADU.

¶12

VINEESH, S/O.CHAKKAI, AGED 24 YEARS, OTTIRIPALLIYALIL HOUSE, P.O.MEZHATHUR.

¶13

SANTHOSH, S/O.SANKARAN, AGED 32 YEARS, KOZHINJIPARAMBIL VEEDU, P.O.MEZHATHUR, KODANADU.

¶14

BY ADV. SRI.IEANS.C.CHAMAKKALA

¶15

SRI.S.ASHOK KUMAR.

¶16

RESPONDENTS: COMPLAINANT

¶17

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, PALISSERY POLICE STATION.

¶18

JANAKI, W/O.KANDAPPAN, AGED 74 YEARS, OTTIRI HOUSE, VADAKKE VAVANNUR, PALISSERY KARA, PALAKKAD.

¶19

BY PUBLIC PROSECUTOR

¶20

SRI.KRISHNA PRASAD. S

¶21

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶22

V. RAMKUMAR , J.

¶23

==========================

¶24

CRL.M.C. No. 539 of 2008

¶25

========================== Dated this the 7^th day of March, 2008.

¶26

O R D E R

¶27

The petitioners stand charge sheeted by the Palissery police in Crime No. 65 of 2005 for offences punishable under Sections 143, 147, 427, 447 and 506(1) r/w Section 149 IPC. The occurrence took place on 07.03.2005 at about 9.30 a.m. The case is now pending before the Judicial First Class Magistate, Pattambi as C.C. No. 41 of 2005.

¶28

Pending the above C.C case, the parties have settled the

¶29

matter and Crl.M.A No. 1073 of 2008 has been filed under Section 320 IPC seeking to compound the offences.

¶30

The offences punishable under Sections 427, 447 and 506(1) IPC are permitted to be compounded and the composition is recorded. This will have the effect of an acquittal of the petitioners of the offences punishable under Sections 427, 447 and 506(1) IPC in view of Section 320(8) Cr.P.C.

¶31

Since the compoundable offences have been compounded, the offences punishable under Sections 143, 147

¶32

CRL.M.C. NO. 539/2008

¶33

: 2:

¶34

and 149 cannot survive as it cannot be said that the 5 accused persons formed an unlawful assembly for the purpose of committing offences punishable under Sections 427, 447 and 506 (ii) IPC. Accordingly, C.C No. 415/2005 on the file of the Judicial First Class Magistrate, Pattambi so far as it relates to the said offences will stand quashed.

¶35

This Crl.M.C is disposed of as above.

¶36

V. RAMKUMAR, JUDGE.

¶37

¶38

CRL.M.C. NO. 539/2008 : 3:

Vineesh & Others v. State of Kerala & Another

Case brief

What is this about?

What did the court decide?

Vineesh & Others v. State of Kerala & Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sobhana Vs Mohanan

Mathew Vs Jessintha

Tomy Thomas Vs Consulate General of India

Suraj Abraham Vs State of Kerala

K.P.Sankarankutty and Others Vs K.P.Ammalukutty Amma and Another

Vineesh Vs the State